[cheers and applause] >> bret: a little salty. thanks for inviting us into your home tonight. that is it for this "special report," fair, balanced and unafraid. "special report" online starts right now. >> shepard: this is the fox report. tonight the government and the nation divided. the balance of power unchanged. now can washington come together to solve a looming crisis? and, more misery for a region that's still reeling from sandy. >> everything is vulnerable. the coast line is vulnerable. trees are vulnerable. people are vulnerable. homes are vulnerable. >> shepard: another storm takes aim at people still recovering from sandy. >> this is it. i'm getting -- walking around -- >> shepard: tonight, tracking the nor'easter.

>> shepard: plus, history at the ballot box. voters approve same sex marriage and make it legal to smoke pot just for fun. but one governor says don't break out the munchies just yet. first from fox this wednesday night, we'll get to the politics news but first the are in easter that's happening right now and slamming some of the areas that the super storm sandy disseminated just days ago. it's already knocked out power to tens of thousands more people. the powerful storm hitting parts of new york, new jersey, and pennsylvania. here in the big city, the long island railroad that carries millions of commuters is now shut down. overcrowding has forced officials to close down penn station. the major transportation hub in new york. in philly, first alert forecasters predict a few inches of snow before this passes. airlines have already cancelled more than a thousand flights in the region and more are to come. united airlines warns we should expect more delays and san sell legs all over the northeast. all of this as so many

families are living without much of anything. no power, no heat, and some without homes. david lee miller will have more from long beach on new york where it's brutal tonight. first let's get to chief meteorologist rick reichmuth who is live in our storm center. rick, who is getting it? >> yeah. kind of the exact same spot, the areas that got sandy generally. do i have to tell you the heaviest of the snow is a little bit farther north in across parts of connecticut. we didn't talk much about connecticut from sandy mostly just because we saw so much of the damage across long island and new jersey. a lot of people were without power there across areas of connecticut. a lot of tree damage. they are getting the heaviest of the snow. the storm has tracked a little farther to the east than we initially predicted that pulled down colder air. so snow now across all areas of long island and in towards new york city. if there is any good part of this, it's that it is not horribly cold and so the snow is not going to stick for very long down across at least on the road. so that's part of the good news. take a look at -- put this forward in time where around 8:00 or 9:00 p.m. tonight. by around :00 p.m., the snow

stops around new jersey and across parts of connecticut. by tomorrow morning it's mostly gone. the wind even begins to ease, which will be certainly a welcome break. because that's been the big concern, the wind causing more power outages. take a look right here, we continue to see all of the snow that will fall here. some areas may be seeing about six inches. i think parts of connecticut, western new jersey. that wind, shepard, continues to be a big concern out across nantucket. we have been seeing winds gusting up towards the mid 60's here at jfk right into the mid 30's. >> shepard: for the hurting a.m. and homeless across the region there is a break from the cold coming. >> eventually. you have got to know we will get there temperaturewise. it has been cold ever since sandy. a lot of people for about 11 days now have been dealing with temps below average and not having power. tomorrow, behind the storm, another cold one but we will see a gradual increase in these temperatures and by the time we get to the day on saturday, we're going to see some 60's start to fill in there, 54 towards new york city and a will the of places by sunday and monday, shep, will be back up towards

60 degrees. of course, a lot of them probably by then will have power back on. >> shepard: let's hope. rick reichmuth in the extreme weather center. we will get back to him as it warrant. consider how worse this storm is for those families whose homes are ruined by sandy. nearly 100,000 people are eligible for emergency housing assistance even now. their homes badly damaged or destroyed in super storm sandy. hundreds of thousands will, of others will suffer through this storm in the dark. still no power. in many cases still no heat. the new jersey governor chris christie saying today the nor'easter could be a set back for folks who are still trying to recover from the super storm. and he joked that with everything the folks have gone through in his state is he waiting for the locust and pestilence next. in new york the storm isn't about to cause creating enormous headache force folks who have already endured so much. david lee miller continues our team fox coverage long beach

on long island. what about the people still trying to recover david lee all over the area? >> shepard, imagine waiting a week for the lights to come back on. they finally do and then this, the lights are out again. take a look at this road in long beach about one block from the atlantic ocean. you can see the streetlights are on. the lights are on. nursing home, thanks to a generator. all the lights are out now there are crews out on the street still trying to repair the lights. there were crews here trying to remove sand a short time ago. everyone agrees because of this storm, a difficult situation was made much worse. listen. >> a lot more difficult. the sand is getting heavier. the guys that are working outside, it's difficult to work because it's cold. they are getting wet. not enough ponchos. not enough bags. we could use a little bit of help. >> and now this, shepard. we just got word that the death toll from the twin storms now 41 people and that's just in new york city. shepard? >> shepard: just in the city. a lot of people, david lee, as you know have been sticking

around this their dilapidated now homes trying to save what they have left from looters. is they found shelter in large part? >> you know, for the most part, long beach is deserted. take a look to my right. can you see the homes here. see the things left on the street. people here have a sense of resignation. they have in great american given up there are a number of people who are still here. a small number of people. we have seen a number of candles in windows. shep, underscoring the sense of frustration and perhaps bitterness here just not far from where i'm standing there is home boarded up and signage has written on it hurricane irene, bring it on. that was a storm last year. people here feel they are getting pounded and they feel like the situation is only going to get a lot worse before it improves. >> shepard: david lee miller on a cold and snowy night on long island. one day after of the election, wall street suffered its worse losses of the entire year. would you look at this. the dow plummeting 313 points to close below 13,000. nasdaq off 75.

s&p 34. now, this isn't about the election. but about a focus getting off the election and traders say on to everything from europe's debt crisis to the upcoming fiscal cliff. that's when the bush era tax cuts are to expire. automatic spending cuts are to take effect. unless and until the president and congress can come to the rescue by the end of the year. rich edson from fox business network in d.c. do investors think that they we will go over this cliff. >> well, shep, democrats controlling the white house and the senate and republicans running the house created this situation and voters have now delivered essentially the same divided washington power structure. democrats and republicans still have significant differences on taxes and spending. many investors are betting against them, reaching a compromise, shep. >> shepard: a top ratings agency today warning about the u.s. economy. >> yeah. this is from fitch. one of the companies that tells investors how safe it is to lend money to governments. in a statement, the ratings agency washes the newly reelected u.s. president barack obama will need to quickly secure agreement on

avoiding the fiscal cliff and raising the debt ceiling following tuesday's elections. fitch says that without that, and a deal to get the country's finances in order, the company will likely downgrade their u.s. credit rating, shep. >> shepard: it's widely believed they will come up with something for at least the short-term. if they don't, what happens to which parts of the economy? >> well, it's broad-based. and because of it analysts first alert forecast another recession if washington fails to figure this one out. taxes would increase on investors and basically anyone who pays taxes. and especially those who use itemized deductions like interest on their home mortgage. doctors who treat medicare patients would get a significant pay cut and a wide range of companies that sell products and services to the federal government would lose billions in business, shep. >> shepard: rich edson live from fox business tonight. the election is obviously over. the president really has no time for a breather because now he has to figure out a way to work with the congress to tackle some very serious issues. we'll look into those as we go live to the white house. and for weeks, somebody has

been shooting cars. as they drive near an interstate highway. now there is word of a big break in a very big case. there is a suspect in custody. that's ahead from the journalists of fox news on this wednesday fox report. [ male announcer ] what can you experience in a seat? inspiration. great power. iconic design. exhilarating performance. [ race announcer ] audi once again has created le mans history! [ male announcer ] and once in a great while...

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remember when christmas was magical? let's get back there. celebrate the arrival of santa at bass pro shops this saturday and the unveiling of santa's wonderland. time passes. hold on to christmas.

>> shepard: president obama back at the white house and both parties got the message from the voters that it's time to break the gridlock in d.c. the president heading back from chicago today after celebrating his victory over governor mitt romney. right now the president has 303 electoral votes. governor romney with 206 we're still waiting for results in florida. luckily this time it doesn't matter. the president won the popular vet. the congress is still split with speaker boehner controlling the house. majority leader harry reid running the senate. ed henry covers the white house for us. what do we know about how the president celebrated? >> well, shep, can i tell new talking to his senior aides

they are elated about the electoral college and they feel that the president does have a mandate now to move forward. he was sort of keeping a profile. he was in chicago, he and his family got together to come back here to washington. just arrived at the white house a few moments ago. all smiles, of course. he also made a quick stop at his campaign office today to thank supporters and staffers and whatnot. they realize they can't spend so too much time celebrating. his aides say they have to get to work. that's what the president talked about last night in terms of a second term agenda. take a listen. >> i am looking forward to reaching out and working with leaders of both parties to meet the challenges we can only solve together, reducing other diversify silt. reforming our tax code fixing our immigration system. >> he got a big hug from his campaign manager jim messina today when he went into the campaign office there in

chicago. then we are told aboard air force one the bylights, the crew decided to present the president with a sheet case basically con grated late him on his victory. jay carney said at one point he looked around is anybody flying this plane. they were flying the plane. everybody was safe. the president back at the white house. >> shepard: what are republicans saying about working with the president trying to break this gridlock? >> the republicans are skeptical because they say that the president noted last night is he going to call mitt romney and invite him into the white house for a meeting to talk about how they can work together. the republicans say look he did the same thing with john mccain as president elect in 2008. both parties went to their separate corners in the end and didn't get a lot done together. republic strategists are saying if the president is serious about this second term maybe they can get business done. take a listen. >> i was interested in his remarks last night saying the best is yet to come. we would have liked to have seen some of that in the first four years.

maybe is he serious this time. >> in an effort to try to show he is following up, we're told by white house aides that late in the evening last night into the early hours of this morning the president started dialing up john boehner, the house speaker on the republic side. harry reid the democrat. leaders in both parties to try to say look, let's get this conversation started, shep. >> shepard: ed, the campaign seemed very confident in this outcome is it saying anything about what might have surprised the campaign. >> what they are saying is they couldn't believe the margin of victory in colorado. a the love these battle grounds decided by a point or two. there you had a margin of 5 points. 51.2 to 46.5 for the president there are third party candidates in there like gary johnson who got the difference beyond mitt rom anymore. the other big surprise his campaign aides say is that the president was getting these returns in at the fairmont hotel with his family. staffers like david axelrod were planning to with be with him. they thought this race wasn't going to be called in the

middle of the night. all of a sudden fox and others started calling it. they had to go in there starting congratulating him. they could not believe how quickly this turned. ed henry in the north lawn. the same president and same two parties controlling congress. we will hear what the speaker and majority leader have to say about working together and keeping us from going over the fiscal cliff. that's coming up inside fox report. first, it was a shooting spree that terrified people for weeks a a divurchman choosing his targets at random. they found the guy responsible. a suspect and shooting at some two dozen cars attacks began on october 16th. while no one died in the shooting one person hurt while they were going on. some drivers avoided main roads to try to stay safe. today investors said they have no idea why the suspect may have done it. >> i don't know if you could ever develop a motive for somebody that shot at 24 different vehicles it's so

random i don't know that there is a motive. >> a tip led them to the suspect. the judge set his bond at $2 million. the suspect's mother tells the detroit free press newspaper is worried her son might be mentally ill. a big day in the world of weed. voters in two states have just approved legalizing marijuana for the specific purpose of getting high. that's not the only ballot issue making history tonight. voters cleared the way for the first time on a ballot initiative for same sex marriage. and it wasn't one state. it was more. we'll get into all of it next. plus, some folks with at&t phones are in for a very nice refund. we'll tell you about the mistake that's forced at&t to pay back hundreds of thousands of dollars. might you get a cut? that's ahead as fox reports live tonight. ...seems like you guys got a little gassed out there.

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>> shepard: across the board victories for same sex marriage and supporters today calling it a watershed moment. last night maryland and maine became the first states ever to approve same sex marriage by popular vote. up until now, opponents have won every single time that the issue was on the ballot. the state of washington appears to be the next state that will approve. but officials there are still not finished counting all the votes. and in minnesota, voters rejected a proposed constitutional amendment that would have banned same sex marriage in the state. opponents today expressed disappointment but supporters say this is evidence that same sex marriage rights are gaining momentum. they say this could be the tipping point that influences other states to follow suit. and that next stop will likely be in the supreme court. trace gallagher live in our west coast newsroom but, trace, this surprised, well, some people. >> you know, prior to last

night, shep as you talked about same sex marriage propositions across the country were streeted down 32 times in a -- voted down 32 times in a row including maine in 1989. the fact that they have voted in favor of gay marriage means that in just the past three years supporters of this marriage were able to change voters' minds. they believe this could lead to more states approving same sex marriage opponents believe this could mobilize their base. >> there are going to be families waking up, feeling a little bit more safe, a little bit more secure and a lot more supported by their neighbors. >> we're very concerned about the fact that here in maine this proposed law did not write into it some of the religious liberty protections that other states saw necessary. we may be going to the legislature to ask them to add some of those protections. >> and delaware, hawaii, and rhode island are likely the next three states that will

tackle same sex marriage. >> shepard: minnesota's vote, trace may have opened the door for approving same sex marriage? >> yeah because minnesota's amendment if it were pass wood have written into the state confuse that marriage was defined between a man and a woman. that failed. with that said, it is still against the law for same sex marriage in minnesota. now with a democratic governor and democratic majorities in both the house and the state senate, approving gay marriage becomes a lot more likely. keep in mind, according to the pew research center nationally back in 2001, 57% of people opposed same sex marriage, now that number is down to 44%. >> shepard: so, trace, marijuana still legal in two states. in the state of colorado, the law is to the right of amsterdam. yet the governor says don't break out the doritos just yet. how come? >> yeah, because the department of justice hasn't tipped its hand about whether or not it will penalize

colorado and washington state. remember, the feds categorize marijuana in the same class of drugs as cocaine and heroin. so, the doj is almost certain to file a lawsuit against both states. but that said the feds as we know have shown a great deal of discretion when it comes to medical marijuana and the states are hoping for the same discretion now. supporters of recreational drugs or pot believe this will not give their states a bad wrap. listen. anything would go look back on the ending of alcohol prohibition and say it was a bad idea. i think colorado voters have taken a very sensible step forward and i think that it won't be long before we see a lot of other states looking to our example. >> i mean, think about it. in 30 days, washington state and colorado, adults over the age of 21 will be able to have up to an ounce of marijuana with no penalties at all. shep? >> shepard: trace gallagher live in los angeles. two republic senate candidates who made comments about rape

and abortion lost last night. the missouri congressman todd akin lost to senator claire mccaskill and lost big. double digits. back in august congressman akin said women's bodies can prevent pregnancy from a, quote, legitimate rape. last month in indiana, richard mourdock said a pregnancy resulting from rape is, quote, something god intended. mourdock lost to joe donnelly who says he opposes abortion in most cases but makes exception for rape and incest victims. mourdock does not. back up plan last night and now it's paying off now that he won't be the vice president. look how governor romney lost the election and ha it could mean for the future of the grand old party. that's coming up as we approach the bottom of the hour and the top of the news as fox reports live tonight. eat good fats.

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30 bucks a month. now, at&t has agreed to pay a penalty of $700,000 to the government and will offer refunds to those customers. i'm shepard smith, this is the fox report. it's the bottom of the hour. time for the top of the news. and president obama faces another divided congress headed into his second term. our election day results show the kept control of the senate despite a few seats changing hands while republicans hold on to the house of representatives. we're still waiting for officials to call a handful of races there. but the g.o.p. has a majority locked up. one of those republicans heading back to capitol hill is congressman paul ryan. he and governor romney have lost the race for the white house but last night voters in wisconsin reelected him to another term in congress. running for two offices at once. mike emanuel live on capitol hill with the top story at the bottom of the hour. any change in tone from house republicans now that, well, all this has happened?

some but probably not as much as president obama and speaker would like. president obama made this offer on the trillions of dollars in spending cuts and tax increases due to hit at the end of the year what's known as the fiscal cliff. >> there is an alternative to going over the fiscal cliff in whole or in part. it involves making real changes to the financial structure of entitlement programs and reforming our tax code to cush special loopholes and deductions by working together to create a fairer, simpler cleaner tax code we can give our country a -- >> he told phone call he would be open to a bridge, basically buying time to so a new congress in a new year could work on these fiscal issues, shep. >> shepard: democrats maintain control of the senate what are they saying? >> senate majority leader harry reid says compromise is not a dirty word. he is prepared to sit down

with the republicans and negotiate. here the majority leader on his take away from the election. this is the message the american people sent from all over. and that is they are tired of these partisan gridlocks. they are tired of things like, well, i have one goal. defeat obama. that's gone. obama was reelected overwhelmingly. american people want us to work together. >> that is likely easier said than done. we should get a sense whether there is a real change in attitude on capitol hill as they try to work out some of these key issues during the lame duck session. >> shepard: some lawmakers joining millions of americans in a job search today. >> yes, particularly rough on the mack family. you have congressman connie mack who lost his election bit for the senate representing florida. lost to bill nelson the democratic couple bent.

his wife mary bono mack lost her re-election bid to represent california, the palm springs area. it's believed the first time a husband and wife have lost congressional races on the same night, shep. >> shepard: all right. mike emanuel. mike, love you man. but it might be time for a day off. >> thank you, sir. accept shep maybe tomorrow. i don't know. tell somebody. all right? >> all right. we'll do. >> shepard: they will understand. mike, thanks. governor mitt romney's wife ann has said he absolutely will not run for the presidency again but today staffers are not saying what the governor's next move will be after he lost his second race for the white house. carl cammeron has been covering the campaign and is live in boston now. we are already seeing some monday morning quarterbacking. what a shock. >> sure. when a party loses, this is what happens. it happened back in 2008 when john mccain lost. the republic party looked close at itself and now it's doing the same thing in the wake of mitt romney's defeat. it doesn't take much to understand why look at the numbers in key constituencies where republicans were facing

uphill climb mr. romney did not do particularly well he got blown out with latino voters. mr. obama beating mr. romney with latino voters. women's vote. disadvantage for the g.o.p. continues. there you see again mr. obama with a commanding advantage over mr. romney. and lastly the youth vote. mitt romney's campaign didn't spend a lot of time courting these constituencies tried on occasions but it wasn't the overall focus of how they did it as opposed to the president's campaign which microtargetted. county by county, neighborhood by neighborhood. street by street and picked up these votes. and as a consequence. in the last time back four years ago republic party moved with the tea party to the right. in the next few weeks and months certainly before the 2014 mid terms the g.o.p. will have to look what kind of course it is going to take. >> shepard: a lot of they will calling for a move further to the right. the president said he might want to meet with governor romney. how is that going over? >> well, last night in the president's victory remarks. he said that he would be happy to sit down and talk with mitt

romney and in mitt romney's concession speech he emphasized bipartisanship. romney had been doing so for the last several weeks and said it was going to be important in facing the challenges that the country faces for each, both sides to reach across the aisle to the other. the romney campaign says, look, if that was a serious invitation, then we will certainly consider it. he might just well have been victory night rhetoric. if the president is serious he would be happy to sit down. for now romney is spending time with the family. he will stick around boston and be with his family pretty much until thanksgiving. the reality of, this shep, is that the dewait moves back to washington now. it will be john boehner the speaker of the house, the republic majority there. the democratic majority in the senate. mitt romney is not of washington and he will be on the outside of that debate. >> shepard: carl cammeron in boston tonight. boeing will slash jobs as part of a restructuring of its defense division. it's a big change for the pentagon's second largest supplier. in all boeing is cutting 30% of management jobs from 2010

levels. the chief executive of boeing defense says these cuts will save the company an additional 1.6 billion over the next few years. he added and i quote: we are raising the bar higher because our market challenges and opportunities require it. and our customers needs demand it. if you are planning to fly this thanksgiving, prices packed flights and long lines. that's from airline industry trade group which reports some 24 million travelers should hit the skies over the holiday up from last year and that flights will be around 90% full at peek travel times. what a joy. no kids crying. that would be a thanksgiving record if it happens. ticket prices are also up 4% from last year. the analysts say it's because airlines are offering fewer flights. western leaders are calling for the united states to play a bigger role in containing the syrian government that's murdering its own people and has for many months. and that bigger role could include american-made

missiles. and direct talk with the rebel fighters inside syria. details on the deadly civil war and maybe how to attack it post election day. that's coming up. ♪ [ male announcer ] it's time for medicare open enrollment. are you ready? time to compare plans and see what's new. you don't have to make changes, but it's good to look. maybe you can find better coverage, save money, or both. and check out the preventive benefits you get after the health care law. ♪

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>> shepard: the ongoing civil war in syria reaching yet another new low on reports that the assad regime is now confiscating medical supplies that aid workers have been trying to distribute. that's according to the reporting of the red crescent which is the arab world's equivalent of the red cross. activist groups claim more than 36,000 people have died in the nearly 2-year-old conflict. many thousands more wounded. but the red crescent claims the government is stealing up to 95% of all its supplies handing them out to assad supporters. turkey may soon ask the united states and nato for patriot missiles. to help protect against the syrian -- against syrian attack on that border. "the fox report's"

correspondent january than hunt has been covering this for what seems like forever. what are u.s. officials say be about giving munitions here. >> they says turkey's need and desire tore patriot ceives missile systems is the result of syrian attacks across the border into turkey u.s. officials point out that the u.s. has helped turkey with defensive systems before. and it appears that they are willing to do so again. they point out there is a formal process that must be gone through. listen. >> my understanding is that as of today we haven't had a formal request of nato. but, as you know, in the past, we have reinforced turkey with patriots so, you know, we will await a formal request and then nato will deliberate. so we are obviously looking at the full range of things to ensure that turkey remains safe and secure. >> and turkish officials are reportedly saying tonight that that formal request to nato

will come very soon. >> shepard: pressure is building for the united states to do something. >> yeah. a lot of u.s. allies believe that with a second obama administration, there is now the possibility of a bolder approach from the united states. now, the brits are leading the charge in trying to get a tougher approach towards president bashar assad. they are announce they will talk directly with rebel military commanders. having only talked to the political opposition before the british prime minister david cammeron touring refugee camps in neighboring jordan today are also raised the prospect of possibly providing safe passage for president assad. if he is willing to resign. u.s. officials seem to be little skeptical about for the simple fact that it might amount to literally letting assad get away with murder, shep. >> shepard: incredible. jonathan hunt, thanks so much. the al qaeda leader ayman al zawahiri has released a message about the deadly attack in libya that killed four americans, including our

ambassador there intelligence official tells fox news that al qaeda is trying to cast that attack as an example of an american weakness in the region. catherine herridge has the news and she is live for us in washington. hey, catherine. >> thanks, shep. the seven minute audiotape makes no mention of the anti-islam video as the catalyst for the attack of benghazi. ayman al zawahiri who replaced bin laden after killed by the navy seals to capitalize on the death of ambassador claiming it is a sign of american weakness in the region. they were defeated in iraq and they are withdrawing from afghanistan, they said. their ambassador in benghazi was killed and the flags of their embassies were lowered in cairo and. that's a reference flags being torn down and banners black flags. the black banner is a symbol of more than al qaeda but a broader political ambition to establish an islamic state.

>> various countries, in to your knowledge, in libya, in egypt and also in yemen they perceive the attack in benghazi not just as a victory for them. a successful one and a mullah for -- model for future attacks. >> analysts say it takes six weeks for the leader to respond to make news events. this is put down to his news security. he knows bin laden's undoing was a courier who relayed these audio and video messages to the web; >> shepard: catherine herridge in washington tonight. attack in benghazi, fox news has learned the house intelligence committee is planning to hold a hearing next week but that hearing will be behind closed doors. no public. sources say they expect the witnesses to include the director of national intelligence, james clapper and the cia director david petraeus. at least 39 people are dead after a magnitude 7.4 earthquake hit off the coast of guatemala this morning. officials there say the worst of the damage is in the state

of san marcos near the mexican border. a red cross spokesperson says folks across the entire country felt the quake and there are reports of buildings shaking as far as away as mexico city and el salvador. guatemala's president calls it the largest quake to hit his country in more than 35 years. at least one person is dead and several others trapped when part of a shopping center collapses. that tops our news around the world in 80 seconds. guana, authorities say the top floor of the five story department store came crashing down in the capital city. amateur video shows a large crowd gathering around a pile of debris. rescuers pulled out several victims. the nation's president cancelled campaigning for the day to visit the site and donated it a disaster zone. chile. dozens of fishermen battled police in the capital city of

santiago a limit over fishing. the fishermen claim it could cripple their business. they set up road blocks on threw stones. the cops fired back with water canons. gaza. police say expert hunters helped capture a crocodile that had been on the loose ever since it broke out of a zoo nearly two years ago. villagers say they spotted the thing in a sewage pool a few weeks ago and claim it ate some of their livestock. china, 2012 international industry fair hitting off in shanghai with first robot the exhibition. one of the smallest robots builds computer equipment and designers have one chinese university created humananoid robot play ping-pong. one day it could play at the professional level. that's a fox trip around the world in 80 seconds. >> shepard: going on 24 hours now since the polls closed in

florida and right now they are still counting the votes. next a live report on another mess in florida. and a state that has made famous for its hanging and dimpled chad's. plus, folks in puerto rico have voted to become our 51st state. so is it time to stitch a new star? not really. service would yochoose, based on this chart ? don't rush into it, i'm not looking for the fastest answer. obviously verizon. okay, i have a different chart. going that way, does that make a difference ? look at verizon. it's so much more than the other ones. so what if we just changed the format altogether ? isn't that the exact same thing ? it's pretty clear. still sticking with verizon. verizon. more 4g lte coverage than all other networks combined.

>> shepard: cops in california say they are still working to find out why a man shot two of his co-workers dead and then turned the gun on himself. it happened yesterday at a chicken processing plant in fresno. investigators say the facility's loud machines drowned out the sounds of the gunshots. they say the gunman moved methodically from worker to worker, shooting each execution style.

after he had already killed two people and. approached a fifth worker and placed the gun against the head and pulled the trigger and nothing happened because the gun had run out of ammo. according to investigators. the gunman reloaded and shot himself dead. police had already wracked up a long criminal history including a 13 year prison sentence for robbery. this time it will not decide the course of presidential history but florida is at it again. election officials there tonight still counting up the ballots, still unable to say whether president barack obama or governor romney won the state. >> steve harrigan in tampa again tonight. steve, 49 states have results this morning. what's up down there? shepard, no real surprise to floridians. the vote is still being counted, mainly absentee ballots in five different counties. when you speak to floridians there is a growing sense of anger and outrage that once

again their state appears to have botched a national election. >> get the job done. get it fixed right now. florida does not need this kind of embarrassment. the election -- they are the ones taking the brunt for a the love the problems. >> there is a real sense that the ballot itself in florida is at fought fault. longest ballot in state history. 12 pages long. 11 different constitutional amendments. just one of those amendments 700 words long. so it took many voters unfamiliar with the ballot 20 or 30 minutes just to read through it and make their votes, shepard. >> shepard: for years we have pointed to the i 4 corridor from tampa, orlando and daytona to decide these elections. it appeared to be leaning toward governor romney. what happened? >> certainly, president obama did out perform expectations along it key i-4 corridor. runs along central florida. here in the tampa area he did very well. especially orange county around orlando.

did he extremely well, especially with that fast growing puerto rican population around orlando. pulling in as many as 7 out of 10 hispanic votes in some areas. also, political analysts say there was a real effective late push by the obama campaign along the i-4 corridor using spanish language media and really a strong attempt to try and get those hispanic voters who were on the fence about voting to make sure they got out to the polls and apparently a successful late push by the obama campaign. shepard. >> shepard: steve harrigan live in tampa. several hundred students demonstrated against the re-election of the president at the university of mississippi last night. officials at ole miss said nobody reported any injuries and property damage. the cops say they arrested two people and the campus newspaper reports some protesters were yelling racial epitaphs. the old chancellor released a letter that reads in part the reports of use of racial language have been confirmed by our campus police. the university leadership strongly condemns this kind of

behavior and is embarrassed that any student associated with the university would use this kind of language. discipline is coming. the alumni are embarrassed, too. people in the u.s. territory of puerto rico voted yesterday on whether the island should become a state. more than half said they do want the change in status. and statehood was the most popular choice. but, it was a nonbinding vote and there is no word on whether congress would do anything about it. right now the people of puerto rico are american citizens but they cannot vote in presidential elections. the worst team in the national football league last season is now 5 and 3 at this season's halfway mark but now the colts from indianapolis are turning heads with what is under their helmet. under their helmet. that's coming up on fox report. i love to eat. i love hanging out with my friends.

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but it's our tradition! that's roughing the card holder. but with the capital one venture card you get double miles you can actually use. [ cheering ] any flight, anytime. the scoreboard doesn't lie. what's in your wallet? hut! i have me on my fantasy team. >> shepard: the indianapolis colts support of their head coach. the coach lost his hair while

undergoing treatment for leukemia. so yesterday about a half dozen of his players shaved their heads in solidarity. doctors diagnosed coach with leukemia back in september. earlier this week a doctor said the coach was in complete remission. fox weather center -- weather alert. nor'easter slamming folks with wind, rain and snow. to rick in the weather center. >> a rough nine days for people dealing with the after-effects of sandy. kind of where you see it snowing that's the exact same area dealing with had up to some seven inches of snow already. across connecticut. any good news here last few frames on the radar looks like it's possibly beginning to weaken here. we will see that we probably have about another four hours or so of this storm to go across jersey and up across new york city. maybe another inch or so accumulating. this will wind down a little farther towards the north though by tomorrow. say midday. we might see another isolated

spot in connecticut. parts of the wooster hills in massachusetts where we see three or four more inches of snow. in general, we have got still winds that are going to be gusting to 40 and 50 miles per hour. behind this, shep, another cold night ahead for people in the northeast. >> shepard: rick reichmuth in the extreme weather center. on this day in 1944. president roosevelt defeated the new york governor thomas dewey to win an unprecedented fourth term in the white house. it happened at the height of world war ii. just a few months after d-day. fdr did not get a free ride. republicans challenged him on the new deal. campaigning for smaller government. and less regulation. but voters chose roosevelt who led the nation through two of its greatest crises the war and the greats depression. three months after his inauguration, president roosevelt died and in 1947, congress passed the 22nd amendment which prohibits any commander and chief from serving more than two years. or i should say two terms.